ROBERT WRIGHT, ESQUIRE, GOVERNOR. NOVEMBER.

1807.

Winchester departed this life intestate, leaving a widow, the aforesaid Sarah, and two infant chil-
dren, the one named Samuel, of the age of seven years, or thereabouts, the other named Anne, of
the age of five years, or thereabouts, to whom the real estate of the said James Winchester hath
descended in moieties; that the said real estate consists of the following tracts or parcels of land,
situate and lying in Baltimore county, to wit: Reparation, containing one hundred and eighty-six
and a half acres, and part of Shawan Hunting Ground, containing three hundred and forty acres,
more or less; and that there are erected on the said estate sundry valuable buildings and improve-
ments, near the centre thereof, which will not admit of an equal division between the two children.;
that the said real estate is also incumbered with a mortgage to the amount of one thousand pounds
current money, with ten years interest thereon, and that the same will become due in the year
eighteen hundred and nine; and also that there are sundry other debts to a considerable amount due
from the intestate, which will nearly exhaust the personal estate, and not leave sufficient stock and
hands tu carry on the said farm to advantage; that it would conduce greatly to the interest and ad-
vantage of the legal representatives of the said James Winchester, if the said real estate was directed
to be sold for the benefit of the parties interested, on the terms herein after prescribed: and the
facts stated in the said petition appearing to be true, therefore,

CHAP.

XXXVII.

II. BE IT ENACTED, by the General Assembly of Maryland, That the said William Winchester and
Williams Owings, or the survivor of them, be and they are hereby authorised and empowered, as
trustees, to set up and expose to public sale the lands and premises aforesaid, after giving eight
weeks notice thereof in two of the news-papers published in the city of Baltimore, of the time and
place of sale, and the said lands to sell, either together or in parcels, to the highest bidder, on the
following terms, to wit: The purchaser or purchasers to pay one fourth part of the purchase money
at the time of sale, and to give bond, with approved security, bearing interest from the day of sale,
for the remaining three fourths, payable in three equal annual payments, the interest payable yearly
to the trustees, us such.

W Winchester
&c may sell the
lands, &c.

III. AND BE IT ENACTED, That the said trustees, or the survivor of them, on receipt of the pur-
chase money, shall, by a good and sufficient deed, duly executed and acknowledged agreeably to law,
grant, bargain and sell, make over and convey, to the purchaser or purchasers thereof, and his, her
or their heirs and assigns for ever, all the right, title, interest and estate, of the said Sarah Win-
chester the widow, and the said Samuel and Anne the children, of the said James Winchester, de-
ceased, of, in and to, the lands and premises aforesaid; which said purchaser or purchasers, and
his, her or their heirs and assigns, on payment of the purchase money and interest by them respec-
tively made, shall have and hold the said lands and premises respectively free and clear of all claims
and demands of the said Sarah Winchester, Samuel Winchester and Anne Winchester, and each of
them, and their heirs, for ever hereafter; provided nevertheless, that the said William Winchester
and William Owings, before they proceed to the said sale, shall give bond, payable to the state of
Maryland, with two sureties, to be approved of by the orphans court of Baltimore county, in the
penalty of fifty thousand dollars, conditioned for the faithful performance of the trust in them vested
by this act of assembly, and for a compliance with all and every part thereof.

Convey them to
the purchaser,
&c.

IV. AND BE IT FURTHER ENACTED, That the said trustees, or the survivor of them, shall, as
goon as conveniently may be after the said sale, return a true and just account thereof, on oath, to
the orphans court of Baltimore, there to be recorded, and shall yearly and every year render an ac-
count of their proceedings to the said orphans court, to be by them approved of and passed.

And return a
true account,
&c.

V. AND BE IT FURTHER ENACTED, That the monies arising from the said sale shall be applied in
the following manner; that is to say, to pay off and discharge the mortgage money due thereon, and
the residue thereof shall be invested by the said trustees, or the survivor of them, in such funds or
bank stock of the United States or state of Maryland, bearing interest, as they, or the survivor of
them, may deem most beneficial for the interest of the parties concerned; and one third part of the
said interest or annual proceeds from said funds or bank stock, shall be paid to the said Sarah Win-
chester, the widow, during her natural life, and the interest or annual proceeds of the remaining
two thirds shall be equally appropriated and applied by the said trustees, or the survivor of them, to
the support, education and maintenance, of the said Samuel and Anne. Winchester till their respec-
tive arrivals of age; that is to say, till the said Samuel shall attain the age of twenty-one years,
and the said Anne shall attain the age of eighteen years.

Monies, how to
be applied, &c.

VI. AND BE IT FURTHER ENACTED, That the said trustees, or the survivor of them, on the ar-
rival of the said Samuel and Anne Winchester respectively at age, shall account with and pay to
them respectively, the one third part of the neat proceeds aforesaid, and on the death of the said

Trustees to ac-
count, &c.